Restaurant bar and certain transient guest accommodations, Sundaysales, when--restaurant bar defined--temporary license, new business,when--sports stadium, certain counties, special provisions.
311.097. 1. Notwithstanding any other provisions of this chapter tothe contrary, any person who possesses the qualifications required by thischapter, and who now or hereafter meets the requirements of and complieswith the provisions of this chapter, may apply for, and the supervisor ofcontrol may issue, a license to sell intoxicating liquor, as in thischapter defined, between the hours of 9:00 a.m. on Sunday and midnight onSunday by the drink at retail for consumption on the premises of anyrestaurant bar as described in the application or on the premises of anyestablishment having at least forty rooms for the overnight accommodationsof transient guests. As used in this section, the term "restaurant bar"means any establishment having a restaurant or similar facility on thepremises at least fifty percent of the gross income of which is derivedfrom the sale of prepared meals or food consumed on such premises or whichhas an annual gross income of at least two hundred thousand dollars fromthe sale of prepared meals or food consumed on such premises.
2. The authority for the collection of fees by cities and counties asprovided in section 311.220, and all other laws and regulations of thestate relating to the sale of liquor by the drink for consumption on thepremises where sold, shall apply to a restaurant bar or on the premises ofany establishment having at least forty rooms for the overnightaccommodations of transient guests in the same manner as they apply toestablishments licensed under sections 311.085, 311.090 and 311.095, and inaddition to all other fees required by law, a restaurant bar or on thepremises of any establishment having at least forty rooms for the overnightaccommodations of transient guests shall pay an additional fee of twohundred dollars a year payable at the same time and in the same manner asits other license fees.
3. Any new restaurant bar having been in operation for less thanninety days may be issued a temporary license to sell intoxicating liquorby the drink at retail for consumption on the premises between the hours of9:00 a.m. and midnight on Sunday for a period not to exceed ninety days ifthe restaurant bar can show a projection of annual business from preparedmeals or food consumed on the premises of at least fifty percent of thetotal gross income of the restaurant bar for the year or can show aprojection of annual business from prepared meals or food consumed on thepremises which would exceed not less than two hundred thousand dollars.The license fee shall be prorated for the period of the temporary licensebased on the cost of the annual license for the establishment.
4. In counties of the first class having a charter form of governmentand which contain all or a part of a city having a population of at leastthree hundred fifty thousand, any restaurant bar licensed under theprovisions of this section which is located on the grounds of a sportsstadium primarily used for professional sporting events may sellintoxicating liquor by the drink at retail for consumption within thepremises of the restaurant bar on Sunday between the hours of 8:00 a.m. and12:00 midnight notwithstanding the hours of limitation set forth insubsection 1 of this section.
5. The provisions of this section regarding the time of closing shallnot apply to any person who possesses a special permit issued under section311.174, 311.176, or 311.178.
(1975) City may more strictly regulate liquor sales than the state statute does; however, the city cannot totally prohibit sales that are authorized by statute. Crackerneck Country Club Inc. v. City of Independence (A.), 522 S.W.2d 50.
Restaurant bar and certain transient guest accommodations, Sundaysales, when--restaurant bar defined--temporary license, new business,when--sports stadium, certain counties, special provisions.
311.097. 1. Notwithstanding any other provisions of this chapter tothe contrary, any person who possesses the qualifications required by thischapter, and who now or hereafter meets the requirements of and complieswith the provisions of this chapter, may apply for, and the supervisor ofcontrol may issue, a license to sell intoxicating liquor, as in thischapter defined, between the hours of 9:00 a.m. on Sunday and midnight onSunday by the drink at retail for consumption on the premises of anyrestaurant bar as described in the application or on the premises of anyestablishment having at least forty rooms for the overnight accommodationsof transient guests. As used in this section, the term "restaurant bar"means any establishment having a restaurant or similar facility on thepremises at least fifty percent of the gross income of which is derivedfrom the sale of prepared meals or food consumed on such premises or whichhas an annual gross income of at least two hundred thousand dollars fromthe sale of prepared meals or food consumed on such premises.
2. The authority for the collection of fees by cities and counties asprovided in section 311.220, and all other laws and regulations of thestate relating to the sale of liquor by the drink for consumption on thepremises where sold, shall apply to a restaurant bar or on the premises ofany establishment having at least forty rooms for the overnightaccommodations of transient guests in the same manner as they apply toestablishments licensed under sections 311.085, 311.090 and 311.095, and inaddition to all other fees required by law, a restaurant bar or on thepremises of any establishment having at least forty rooms for the overnightaccommodations of transient guests shall pay an additional fee of twohundred dollars a year payable at the same time and in the same manner asits other license fees.
3. Any new restaurant bar having been in operation for less thanninety days may be issued a temporary license to sell intoxicating liquorby the drink at retail for consumption on the premises between the hours of9:00 a.m. and midnight on Sunday for a period not to exceed ninety days ifthe restaurant bar can show a projection of annual business from preparedmeals or food consumed on the premises of at least fifty percent of thetotal gross income of the restaurant bar for the year or can show aprojection of annual business from prepared meals or food consumed on thepremises which would exceed not less than two hundred thousand dollars.The license fee shall be prorated for the period of the temporary licensebased on the cost of the annual license for the establishment.
4. In counties of the first class having a charter form of governmentand which contain all or a part of a city having a population of at leastthree hundred fifty thousand, any restaurant bar licensed under theprovisions of this section which is located on the grounds of a sportsstadium primarily used for professional sporting events may sellintoxicating liquor by the drink at retail for consumption within thepremises of the restaurant bar on Sunday between the hours of 8:00 a.m. and12:00 midnight notwithstanding the hours of limitation set forth insubsection 1 of this section.
5. The provisions of this section regarding the time of closing shallnot apply to any person who possesses a special permit issued under section311.174, 311.176, or 311.178.
(1975) City may more strictly regulate liquor sales than the state statute does; however, the city cannot totally prohibit sales that are authorized by statute. Crackerneck Country Club Inc. v. City of Independence (A.), 522 S.W.2d 50.
Restaurant bar and certain transient guest accommodations, Sundaysales, when--restaurant bar defined--temporary license, new business,when--sports stadium, certain counties, special provisions.
311.097. 1. Notwithstanding any other provisions of this chapter tothe contrary, any person who possesses the qualifications required by thischapter, and who now or hereafter meets the requirements of and complieswith the provisions of this chapter, may apply for, and the supervisor ofcontrol may issue, a license to sell intoxicating liquor, as in thischapter defined, between the hours of 9:00 a.m. on Sunday and midnight onSunday by the drink at retail for consumption on the premises of anyrestaurant bar as described in the application or on the premises of anyestablishment having at least forty rooms for the overnight accommodationsof transient guests. As used in this section, the term "restaurant bar"means any establishment having a restaurant or similar facility on thepremises at least fifty percent of the gross income of which is derivedfrom the sale of prepared meals or food consumed on such premises or whichhas an annual gross income of at least two hundred thousand dollars fromthe sale of prepared meals or food consumed on such premises.
2. The authority for the collection of fees by cities and counties asprovided in section 311.220, and all other laws and regulations of thestate relating to the sale of liquor by the drink for consumption on thepremises where sold, shall apply to a restaurant bar or on the premises ofany establishment having at least forty rooms for the overnightaccommodations of transient guests in the same manner as they apply toestablishments licensed under sections 311.085, 311.090 and 311.095, and inaddition to all other fees required by law, a restaurant bar or on thepremises of any establishment having at least forty rooms for the overnightaccommodations of transient guests shall pay an additional fee of twohundred dollars a year payable at the same time and in the same manner asits other license fees.
3. Any new restaurant bar having been in operation for less thanninety days may be issued a temporary license to sell intoxicating liquorby the drink at retail for consumption on the premises between the hours of9:00 a.m. and midnight on Sunday for a period not to exceed ninety days ifthe restaurant bar can show a projection of annual business from preparedmeals or food consumed on the premises of at least fifty percent of thetotal gross income of the restaurant bar for the year or can show aprojection of annual business from prepared meals or food consumed on thepremises which would exceed not less than two hundred thousand dollars.The license fee shall be prorated for the period of the temporary licensebased on the cost of the annual license for the establishment.
4. In counties of the first class having a charter form of governmentand which contain all or a part of a city having a population of at leastthree hundred fifty thousand, any restaurant bar licensed under theprovisions of this section which is located on the grounds of a sportsstadium primarily used for professional sporting events may sellintoxicating liquor by the drink at retail for consumption within thepremises of the restaurant bar on Sunday between the hours of 8:00 a.m. and12:00 midnight notwithstanding the hours of limitation set forth insubsection 1 of this section.
5. The provisions of this section regarding the time of closing shallnot apply to any person who possesses a special permit issued under section311.174, 311.176, or 311.178.
(1975) City may more strictly regulate liquor sales than the state statute does; however, the city cannot totally prohibit sales that are authorized by statute. Crackerneck Country Club Inc. v. City of Independence (A.), 522 S.W.2d 50.
